The Social Court number 5 of Alicante has condemned the Valencian Community Health Department to compensate with amounts ranging from 5,000 to 49,180 euros to medical professionals who worked during the first wave of the pandemic in the province for do it without having given them the proper protective equipment. In the ruling, the judge considers that “health practitioners have the right to be compensated for personal and moral damages by the Ministry of Health of the Generalitat Valenciana.”
This sentence ratifies the one that had already been issued in October 2020 by the same court and that it was later annulled by the Superior Court of Justice (TSJ) of the Valencian Community, considering that it should be handed down again including the amount compensation.
And that is what the Alicante court has done: set the amounts to be paid based on the severity of what happened: 5,000 euros for each of the workers who were forced to work without adequate protection elements; 15,000.00 euros for each of the workers who were subjected to isolation due to contact with those affected by Covid-19; 35,000.00 euros for each of the workers who were infected with Covid-19 but they did not require hospital admission; and 49,180.00 euros for each of the workers infected with Covid-19 and who required hospital admission.
Likewise, the ruling ensures “that the Valencian Generalitat Health Council has the obligation, in application of the Occupational Risk Prevention Law, vis-à-vis its workers, to adopt measures and means of protection, both collective and individual, having breached said obligation from the knowledge that one had of the existence of a Covid-19 pandemic and, especially, since the declaration of the state of alarm, agreed by RD 463/20 of March 14, 2020 “.
It also states “that failure to comply with individual prevention measures has posed a serious risk to the safety and health of all workers health, especially for medical personnel, due to their direct exposure to the risk of contagion “.
Leaders in infected toilets
As El Español has been informed, the Valencian Community is the leader in Spain of infected toilets during the pandemic, with more than 17,000 workers affected. Only Catalonia comes close.
This has led entities such as the Medical Union to denounce the Ministry. The sentence that is known this Tuesday affects those of the province of Alicante, but another identical one has been filed in Valencia, which has already been accepted for processing.
The trade union entity recalled that the conditions of doctors and health personnel during March, April and May did not have real protection. And that, they continue, they consider was due “to a total lack of foresight on the part of management positions responsible for the Ministry of Health of the Generalitat Valenciana “.
In that first confinement, those responsible for the Medical Union denounced that “their life and integrity were put at serious risk,” which “led to extreme situations, which even led to between the medical and sanitary personnel multitude of contagions took place, arriving at fatal results “.
Now, the court of instruction number 1 of Valencia what has to determine is “the true performance of the Generalitat Valenciana in the pandemic and if it could incur in the crime against safety and hygiene at work, with respect to medical and medical workers. “